Congressional Record publishes “THE INTERSTATE STALKING PUNISHMENT AND PREVENTION ACT OF 1996” on July 25, 1996

Congressional Record publishes “THE INTERSTATE STALKING PUNISHMENT AND PREVENTION ACT OF 1996” on July 25, 1996

ORGANIZATIONS IN THIS STORY

Volume 142, No. 111 covering the 2nd Session of the 104th Congress (1995 - 1996) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“THE INTERSTATE STALKING PUNISHMENT AND PREVENTION ACT OF 1996” mentioning the Federal Reserve System was published in the Senate section on pages S8922-S8923 on July 25, 1996.

The publication is reproduced in full below:

THE INTERSTATE STALKING PUNISHMENT AND PREVENTION ACT OF 1996

______

LAUTENBERG AMENDMENT NO. 5083

Mr. LOTT (for Mr. Lautenberg) proposed an amendment to the bill (H.R. 2980) to amend title 18, United States Code, with respect to stalking; as follows:

At the appropriate place, insert the following:

SEC. . GUN BAN FOR INDIVIDUALS COMMITTING DOMESTIC

VIOLENCE.

(a) Definitions.--Section 921(a) of title 18, United States Code, is amended by adding at the end the following new paragraph:

``(33) The term `crime involving domestic violence' means a felony or misdemeanor crime of violence, regardless of length, term, or manner of punishment, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim under the domestic or family violence laws of the jurisdiction in which such felony or misdemeanor was committed.''.

(b) Unlawful Acts.--Section 922 of title 18, United States Code, is amended--

(1) in subsection (d)--

(A) by striking ``or'' at the end of paragraph (7);

(B) by striking the period at the end of paragraph (8) and inserting ``; or''; and

(C) by inserting after paragraph (8) the following new paragraph:

``(9) has been convicted in any court of any crime involving domestic violence where the individual has been represented by counsel or knowingly and intelligently waived the right to counsel.'';

(2) in subsection (g)--

(A) by striking ``or'' at the end of paragraph (7);

(B) in paragraph (8), by striking the comma and inserting

``; or''; and

(C) by inserting after paragraph (8) the following new paragraph:

``(9) has been convicted in any court of any crime involving domestic violence where the individual has been represented by counsel or knowingly and intelligently waived the right to counsel,''; and

(3) in subsection (s)(3)(B)(i), by inserting before the semicolon the following: ``and has not been convicted in any court of any crime involving domestic violence where the individual has been represented by counsel or knowingly and intelligently waived the right to counsel''.

(c) Rules and Regulations.--Section 926(a) of title 18, United States Code, is amended--

(1) by striking ``and'' at the end of paragraph (2);

(2) by striking the period at the end of paragraph (3) and inserting ``; and''; and

(3) by inserting after paragraph (3) the following new paragraph:

``(4) regulations providing for the effective receipt and secure storage of firearms relinquished by or seized from persons described in subsection (d)(9) or (g)(9) of section 922.''.

______

COCHRAN AMENDMENT NO. 5084

Mr. McCONNELL (for Mr. Cochran) proposed an amendment to the bill, H.R. 3540, supra; as follows:

On page 107, line 11, strike ``up to $30,000,000'' and insert in lieu thereof the following: ``$17,500,000''.

______

MCCONNELL (AND OTHERS) AMENDMENT NO. 5085

Mr. McCONNELL (for himself, Mr. Leahy, and Mr. Lautenberg) proposed an amendment to the bill, H.R. 3540, supra; as follows:

At the appropriate place, insert;

MIDDLE EAST DEVELOPMENT BANK

SEC. . SHORT TITLE.

This title may be cited as the ``Bank for Economic Cooperation and Development in the Middle East and North Africa Act''.

SEC. . ACCEPTANCE OF MEMBERSHIP.

The President is hereby authorized to accept membership for the United States in the Bank for Economic Cooperation and Development in the Middle East and North Africa (in this title referred to as the ``Bank'') provided for by the agreement establishing the Bank (in this title referred to as the ``Agreement''), signed on May 31, 1996.

SEC. . GOVERNOR AND ALTERNATE GOVERNOR.

(a) Appointment.--At the inaugural meeting of the Board of Governors of the Bank, the Governor and the alternate for the Governor of the International Bank for Reconstruction and Development, appointed pursuant to section 3 of the Bretton Woods Agreements Act, shall serve ex-officio as a Governor and the alternate for the Governor, respectively, of the Bank. The President, by and with the advice and consent of the Senate, shall appoint a Governor of the Bank and an alternate for the Governor.

(b) Compensation.--Any person who serves as a Governor of the Bank or as an alternate for the Governor may not receive any salary or other compensation from the United States by reason of such Service.

SEC. . APPLICABILITY OF CERTAIN PROVISIONS OF THE BRETTON

WOODS AGREEMENTS ACT.

Section 4 of the Bretton Woods Agreements Act shall apply to the Bank in the same manner in which such section applies to the International Bank for Reconstruction and Development and the International Monetary fund.

SEC. . FEDERAL RESERVE BANKS AS DEPOSITORIES.

Any Federal Reserve Bank which is requested to do so by the Bank may act as its depository, or as its fiscal agent, and the Board of Governors of the Federal Reserve System shall exercise general supervision over the carrying out of these functions.

SEC. . SUBSCRIPTION OF STOCK.

(a) Subscription Authority.--

(1) In general.--The Secretary of the Treasury may subscribe on behalf of the United States to not more than 7,011,270 shares of the capital stock of the Bank.

(2) Effectiveness of subscription commitment.--Any commitment to make such subscription shall be effective only to such extent or in such amounts as are provided for in advance by appropriations Acts.

(b) Limitations on Authorization of Appropriations.--For payment by the Secretary of the Treasury of the subscription of the United States for shares described in subsection (a), there are authorized to be appropriated $1,050,007,800 without fiscal year limitation.

(c) Limitations on Obligation of Appropriated Amounts for Shares of Capital Stock.--

(1) Paid-in capital stock.--

(A) In general.--Not more than $105.000,000 of the amounts appropriated pursuant to subsection (b) may be obligated for subscription to shares of paid-in capital sock.

(B) Fiscal year 1997.--Not more than $52,500,000 of the amounts appropriated pursuant to subsection (b) for fiscal year 1997 may be obligated for subscription to shares of paid-in capital stock.

(2) Callable Capital Stock.--Not more than $787,505,852 of the amounts appropriated pursuant to subsection (b) may be obligated for subscription to shares of callable capital stock.

(d) Disposition of Net Income Distributions by the Bank.--Any payment made to the United States by the Bank as a distribution of net income shall be covered into the Treasury as a miscellaneous receipt.

SEC. . JURISDICTION AND VENUE OF CIVIL ACTIONS BY OR

AGAINST THE BANK.

(a) Judisdiction.--The United States district courts shall have original and exclusive jurisdiction of any civil action brought in the United States by or against the Bank.

(b) Venue.--For purposes of section 1391(b) of title 28, United States Code, the Bank shall be deemed to be a resident of the judicial district in which the principal office of the Bank in the United States, or its agent appointed for the purpose of accepting service or notice of service, is located.

SEC. . EFFECTIVENESS OF AGREEMENT.

The agreement shall have full force and effect in the United States its territories and possessions, and the Commonwealth of Puerto Rico, upon acceptance of membership by the United States in the Bank and the entry into force of the Agreement.

SEC. . EXEMPTION FROM SECURITIES LAWS FOR CERTAIN

SECURITIES ISSUED BY THE BANK; REPORTS

REQUIRED.

(A) Exemption From Securities Laws; Reports to Securities and Exchange Commission.--Any securities issued by the Bank

(including any guaranty by the Bank, whether or not limited in scope) in connection with borrowing of funds, or the guarantee of securities as to both principal and interest, shall be deemed to be exempted securities within the meaning of section 3(a)(2) of the Securities Act of 1993 and section 3(a)(12) of the Securities Exchange Act of 1934. The Bank shall file with the Securities and Exchange Commission such annual and other reports with regard to such securities as the Commission shall determine to be appropriate in view of the special character of the Bank and its operations and necessary in the public interest or for the protection of investors,

(b) Authority of Securities and Exchange Commission to Suspend Exemption; Reports to the Congress.--The Securities and Exchange Commission, acting in consultation with such agency or officer as the president shall designate, may suspend the provisions of subsection (a at any time as to any or all securities issued or guaranteed by the Bank during the period of such suspension. The Commission shall include in its annual reports to the Congress such information as it shall deem advisable with regard to the operations and effect of this section.

SEC. . TECHNICAL AMENDMENTS.

(a) Annual Report Required on Participation of the United States in the Bank.--Section 1701(c)(2) of the International Financial Insituttions Act (22 U.S.C. 262r(c)(2)) is amended by inserting ``Bank for Economic Cooperation and Development in the Middle East and North Africa,'' after ``Inter-American Development Bank''.

(b) Exemption From Limitations and Restrictions on Power of National Banking Associations to Deal in and Underwrite Investment Securities of the Bank.--The 7th sentence of paragraph 7 of section 5136 of the Revised Statues of the United States (12 U.S.C. 24) is amended by inserting ``Bank for Economic Cooperation and development in the Middle East and North Africa,'' after ``the Inter-American Development Bank.''

(c) Benefits for United States Citizen-Representatives to the Bank.--Section 51 of Public Law 91-599 (22 U.S.C. 276c-2) is amended by inserting ``the Bank for Economic Cooperation and Development in the Middle East and North Africa,'' after

``the Inter-American Development Bank,''.

Amend the title so as to read as follows: ``A Bill to authorize United States contributions to the International Development Association and to a capital increase of the African Development Bank, to authorize the participation of the United States in the Bank for Economic Cooperation and development in the Middle East and North Africa, and for other purposes.''

______

LEAHY AMENDMENT NO. 5086

Mr. McCONNELL (for Mr. Leahy) proposed an amendment to the bill, H.R. 3540, supra; as follows:

On page 114, line 24 insert the following before the period at the end thereof: ``: Provided further, That of the funds appropriated under this heading by prior appropriation's Acts, $36,000,000 of unobligated and unearmarked funds shall be transferred to and consolidated with funds appropriated by this Act under the heading ``International Organization's and Programs''.

______

PELL AMENDMENT NO. 5087

Mr. McCONNELL (for Mr. Pell) proposed an amendment to the bill, H.R. 3540, supra; as follows:

On page 198, between lines 17 and 18, insert the following:

SEC. . SENSE OF THE SENATE.

(a) Findings.--Congress finds that--

(1) Environmental Impact Assessments as a national instrument are undertaken for proposed activities that are likely to have a significant adverse impact on the environment and are subject to a decision of a competent national authority;

(2) in 1978 the Senate adopted Senate Resolution 49, calling on the United States Government to seek the agreement of other governments to a proposed global treaty requiring the preparation of Environmental Impact Assessments for any major project, action, or continuing activity that may be reasonably expected to have a significant adverse effect on the physical environment or environmental interests of another nation or a global commons area;

(3) subsequent to the adoption of Senate Resolution 49 in 1978, the United Nations Environment Programme Governing Council adopted Goals and Principles on Environmental Impact Assessment calling on governments to undertake comprehensive Environmental Impact Assessments in cases in which the extent, nature, or location of a proposed activity is such that the activity is likely to significantly affect the environment; and

(4) on October 7, 1992, the Senate gave its advice and consent to the Protocol on Environmental Protection to the Antarctic Treaty, which obligates parties to the Antarctic Treaty to require Environmental Impact Assessment procedures for proposed activities in Antarctica.

(b) Sense of the Senate.--It is the sense of the Senate that--

(1) the United States Government should encourage the governments of other nations to engage in analysis of activities that may cause adverse impacts on the environment of other nations or a global commons area; and

(2) such additional analysis can recommend alternatives that will permit such activities to be carried out in environmentally sound ways to avoid or minimize any adverse environmental effects, through requirements for Environmental Impact Assessments where appropriate.

______

SIMPSON AMENDMENT NO. 5088

Mr. SIMPSON proposed an amendment to the bill, H.R. 3540, supra; as follows:

On page 196, strike lines 14 through 26.

______

MURKOWSKI AMENDMENT NO. 5089

Mr. MURKOWSKI (for himself, Mr. McCain, and Mr. Lieberman) proposed an amendment to amendment No. 5078 proposed by Mr. Lieberman to the bill, H.R. 3540, supra; as follows:

On page 2, line 9, of the matter proposed to be inserted, strike ``Fund'' and all that follows to the end period and insert the following: ``Fund: Provided further, That such funds may be obligated to KEDO only if, prior to such obligation of funds, the President certifies and so reports to Congress that (1)(A) the United States is taking steps to assure that progress is made on the implementation of the January 1, 1992, Joint Declaration on the Denuclearization of the Korean Peninsula and the implementation of the North-South dialogue, and (B) North Korea is complying with the other provisions of the Agreed Framework between North Korea and the United States and with the Confidential Minute; (2) North Korea is cooperating fully in the canning and safe storage of all spent fuel from its graphite-moderated nuclear reactors and that such canning and safe storage is scheduled to be completed by the end of fiscal year 1997; and (3) North Korea has not significantly diverted assistance provided by the United States for purposes for which such assistance was not intended: Provided further, That the President may waive the certification requirements of the preceding proviso if the President deems it necessary in the vital national security interests of the United States: Provided further, That no funds may be obligated for KEDO until 30 calendar days after the submission to Congress of the waiver permitted under the preceding proviso: Provided further, That before obligating any funds for KEDO, the President shall report to Congress on (1) the cooperation of North Korea in the process of returning to the United States the remains of United States military personnel who are listed as missing in action as a result of the Korean conflict (including conducting joint field activities with the United States); (2) violations of the military armistice agreement of 1953; (3) the actions which the United States is taking and plans to take to assure that North Korea is consistently taking steps to implement the Joint Declaration on Denuclearization of the Korean Peninsula and engage in North-South dialogue; and (4) all instances of non-compliance with the Agreed Framework between North Korea and the United States and the Confidential Minute, including diversion of heavy fuel oil:''.

____________________

SOURCE: Congressional Record Vol. 142, No. 111

ORGANIZATIONS IN THIS STORY

More News